September’s Here, and So (Probably) Is E-Verify (Finally)

Despite the united efforts of the U.S. Chamber of Commerce and politicians trolling for the future votes of (suddenly amnestied) illegal immigrants, the Department of Labor is implementing the Bush-era mandate for contractors to use E-Verify. Everything E-Verify (unless delayed again or even canceled) thus takes hold a week from today, on Sept. 8, 2009.

E-Verify is an online system that checks Department of Homeland Security (DHS) and Social Security Administration (SSA) databases to determine if a person is legally authorized to work in the United States. It is used in concert with the United States Customs and Immigration Services (USCIS) form I-9, which must be held by all employers for all their employees in the United States.

The much-delayed Bush regulation was assailed because it requires those with federal contracts of $100,000 or more (and subcontractors with contracts of $3,000 or more) to E-Verify all current and future employees.

The Chamber and others instituted legal proceedings, claiming that the E-Verify enabling legislation did not provide for mandated use. The U.S. District Court of Maryland, however, rejected all opposition claims and affirmatively categorized federal contracts as “voluntary,” so that E-Verify usage could be rejected by not applying for the contract (and thus its use could not be considered as mandated).

Ironically, several states have long required E-Verify usage, and businesses have learned to live with it.

Personnel Concepts has a comprehensive I-9 Compliance Kit that will help all employers, whether using E-Verify or not, to comply with federal employment verification laws.

NOTE: The details in this blog are provided for informational purposes only. All answers are general in nature and do not constitute legal advice. If legal advice or other expert assistance is required, the services of a competent professional should be sought. The author specifically disclaims any and all liability arising directly or indirectly from the reliance on or use of this blog.
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  • Brittancus says:

    As patriotic Americans we cannot afford to stop pursuing full, mandated E-Verify. Without it our countries businesses will be overrun by illegal workers in every sector of industry. The circumstances have now become so critical, owing to the millions of jobless citizens, legal residents that our government needs to insist full operation of the computer based application. E-Verify is a valuable tool that has expanded to a growing number of honest businesses that want to participate in the removal of foreign nationals. So far lawsuits from US Chamber of Commerce, ACLU have exposed hundreds of anti-American sovereignty groups, who have demanded the unfettered flow of foreign aliens stealing into the workplace. The federal courts have not played along and now contractors to the Federal government must implement E-Verify or not expect a contract?

    However, there is a toxicity amongst the Democrats and Republicans, who have an irrational view and are eager to destroy any immigration enforcement at our undermanned border or entrants who overstay knowingly their visits by jet. As it stands a path to citizenship, espoused as Immigration reform wants to legalize all those already here, but now its on-hold tell after the health care debacle. Can anybody imagine if foreign countries supported their citizens that America would not be suffering the problems of foreign workers and their families crowding the emergency rooms of major cities, educating their children and feeding off the limited benefits afforded the US population? E-verify must not be undermined or thrown into the waste pit of good immigration bills. 202-224-3121 is the Washington switchboard, to express your irate feelings and anguish at Senators and Representatives of both parties. Just like E-Verify if its not used correctly, Health care for all Americans will be inundated with illegal immigrants. They keep declaring no health care treatment for any illegal people, but unless a program such as E-Verify is not operational How can we distinguish from the legal population and those who have broken immigration laws? If a public option becomes law, there has to be a substantial way, to identify those those who are not entitled to any new health care reform?



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